Inconsistent CBM Institution Decision No Abuse of Discretion

The Board denied the patent owner's request for rehearing of the decision to institute CBM review and rejected the patent owner's argument that institution was improper because the Board previously determined the challenged patent was not a CBM patent. "The Decision acknowledges that Petitioner previously filed a petition for review of the ’464 patent, and that we denied institution because Petitioner did not demonstrate the ’464 patent is a covered business method patent. The Decision acknowledges that Patent Owner argued that the Petition raises substantially the same argument presented in the 84 Decision to Institute, but concludes that trial should be instituted nonetheless based on the totality of the circumstances. Patent Owner has failed to demonstrate this is an abuse of discretion."

Petition for Covered Business Method Patent Review by Motorola Mobility LLC, CBM2015-00004 (PTAB July 24, 2015, Order) (Kauffman, APJ)